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(영문) 창원지방법원 마산지원 2017.03.10 2017고정90
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 25, 2016, the Defendant lent KRW 2.5 million to the victim D in the C restaurant operated by the Defendant in Changwon-si, Changwon-si, Msan-si, to purchase the land at Msan-si University upon the lapse of 10 months of this year.

If any balance is received at that time, he will pay the money.

The phrase “ makes a false statement.”

However, the Defendant did not have to purchase the land before Msan University because it was not in the name of the Defendant, and did not have to purchase it at Msan University. Even if the Defendant borrowed money from the damaged party with a debt of KRW 15 million and KRW 30 million in the third financial right, the Defendant did not have any intent or ability to repay the money until October 2016.

The defendant received 2.5 million won from the damaged person to the criminal administration account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Criminal Act, taking into account the fact that a crime is committed and reflected, the fact that an agreement is made with the victim

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